A federal judge in Hawaii has issued a nationwide temporary restraining order that prohibits the U.S. government from enforcing an executive order that sought to suspend the entry of nationals of six restricted countries and all refugees.

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A federal district judge in Hawaii has issued a nationwide temporary restraining order (TRO) that prohibits the U.S. government from enforcing an executive order that sought to suspend the entry of many nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen and refugees from all countries. The entry suspensions were set to be implemented at 12:01am EDT on Thursday, March 16, but are now on hold.

The TRO was issued in a lawsuit brought by the State of Hawaii against the Trump Administration. The Administration is expected to appeal the court's decision and could seek an emergency stay of the TRO.

Separately, plaintiffs in other lawsuits sought TROs against the executive order today, meaning that further rulings could be issued. Fragomen is closely monitoring those cases and will provide further updates as developments occur.

The Trump Administration's travel executive order sought to prohibit nationals of the six restricted countries from entering the United States for 90 days and refugees for 120 days, unless they qualified for an exemption or were granted a waiver. The order exempted U.S. lawful permanent residents, holders of valid U.S. visas, foreign nationals present in the United States on the effective date of the order, persons holding a valid advance parole document, dual nationals traveling on a passport from a non-restricted country and certain refugees, among others.

What This Means for Foreign Nationals

The TRO means that foreign nationals who would have been subject to the executive order should be able to apply for visas and enter the United States provided they are otherwise admissible. However, these individuals should contact their immigration counsel when planning travel to the United States because future rulings could permit the federal government to enforce the entry suspension.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates, (collectively known as “Fragomen Worldwide”) is the world’s largest firm dedicated to corporate immigration, and is recognized as the leading global immigration services provider.

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